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PHOENIX OF BROWARD, INC. v. McDONALD'S CORP.

No. 06-14726.

489 F.3d 1156 (2007)

PHOENIX OF BROWARD, INC., on behalf of Itself and Similarly Situated Burger King Franchisees, 1101 S. Rogers Circle, Suite 10, Boca Raton, Florida 33487, Plaintiff-Appellant, v. McDONALD'S CORPORATION, One McDonald Plaza, Oak Brook, Illinois 60523, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 22, 2007.

Attorney(s) appearing for the Case

Marc J. Zucker, Weir & Partners, LLP, Philadelphia, PA, William P. Eiselstein, Miller & Martin, PLLC, Atlanta, GA, Charna E. Sherman, Squire, Sanders & Dempsey, L.L.P., Cleveland, OH, Pierre H. Bergeron, Squire, Sanders & Dempsey, L.L.P., Cincinnati, OH, for Plaintiff-Appellant.

George C. Lombardi, David J. Doyle, Winston & Strawn, LLP, Chicago, IL, Donald A. Loft, Ross A. Albert, Morris, Manning & Martin, Atlanta, GA, for Defendant-Appellee.

Before PRYOR, KRAVITCH and ALARCÓN, Circuit Judges.

KRAVITCH, Circuit Judge:

The primary issue in this appeal is the proper test for determining whether a party has prudential standing to bring a false advertising claim under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). Phoenix of Broward, Inc. ("Phoenix") appeals the district court's dismissal of its false advertising claim against McDonald's Corporation ("McDonald's") for lack of prudential standing. For the reasons that follow, we adopt the test for...

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